Buddy says: You should consult with employees and carry out impact assessments before implementing a workplace monitoring system. A written policy covering the use of electronic communication should also be produced and distributed to all employees.

Employer information:

When considering monitoring employees’ emails in the workplace, employers should be aware of their obligations under the Data Protection Act 1998 and should seek guidance from the Employment Practices Data Protection Code (‘the Code’). There are many possible areas where employers might seek to monitor employee activity including; emails, internet use, telephone use and CCTV. Email is only one part of electronic communication and should not be considered in isolation. There is a raft of other legislation to consider when monitoring employees, highlighting the importance of detailed planning and careful implementation of any workplace monitoring system.

Part 3 of the Code refers specifically to monitoring at work. Whist monitoring isn’t defined in the Code it includes activities which set out to collect information about workers by keeping them under some form of observation. The reason behind monitoring is usually to check an employee’s performance or conduct and to ensure that the risks associated with electronic communications are avoided. Email monitoring is invasive and employees can interpret it as a lack of trust on behalf of the employer. Careful consideration should therefore be given when developing a monitoring system and employers should consider the following as set out in the Code;

• Carrying out impact assessments to ensure that any proposed monitoring will still maintain an employees right to privacy in the workplace whilst protecting the interests of the business.
• Identify the purpose of monitoring e.g.  to enable access to employees’ emails when they are absent through illness or holiday.
• Consider alternative methods of monitoring e.g. monitoring email traffic as opposed to email content.
•  Developing a policy that deals with monitoring in the workplace, including electronic communications and ensuring that you have publicised this to employees
• Training staff on the appropriate use of electronic communication.
• Training managers on appropriate monitoring techniques.
• Ensuring that IT systems provide details of the policy before employees send or receive emails.

For further information, employment buddy members can view buddy’s Internet and Email policy and Covert monitoring fact sheet.